High Court of KeralaWP(C)/29917/2014closed

Joshy Melayil T A v. The Sub Inspector Of Police

2015-01-08Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 29917 of 2014 (L) ---------------------------- PETITIONER(S):

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1. JOSHY MELAYIL T. A. AGED 45 YEARS THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR-680504.

2. JOBY T.A.

THARAKAN HOUSE, KOONAMMUCHI P.O., THRISSUR-680504. BY ADV. SRI.K.B.GANGESH RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE GURUVAYOOR POLICE STATION, GURUVAYOOR THRISSUR-680101.

2. T.M.THOMAS THARAKAN HOUSE, ALOOR VILLAGE, THALAPPILLY TALUK P.O.KOONAMMUCHI, THRISSUR-680504.

3. SIJO T.T.

S/O.T.M.THOMAS, THARAKAN HOUSE, ALOOR VILLAGE THALAPPILLY TALUK, P.O.KOONAMMUCHI, THRISSUR-680504.

R2 & 3 BY ADV. SRI.T.RAJASEKHARAN NAIR BY GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29917 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT-P1:TRUE COPY OF ORDER PASSED BY DISTRICT COLLECTOR, THRISSUR ISSUING NO OBJECTION TO THE PETITIONERS DATED 12.03.2014.

EXHIBIT-P2: TRUE COPY OF ENVIRONMENTAL CLEARNCE ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA TO THE PETITIONERS ON 24.05.2014.

EXHIBIT-P3: TRUE COPY OF LETTER DATED 03.07.2014 ISSUED BY KANDANASSERY GRAMA PANCHAYAT INTIMATING PASSING OF RESOLUTION IN FAVOUR OF THE PETITIONERS.

EXHIBIT-P4: TRUE COPY OF PERMIT ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DATED 06.11.2014.

EXHIBIT-P5: TRUE COPY OF COMPLAINT PREFERRED BY THE PETITIONERS TO THE 1ST RESPONDENT ON 06.11.2014.

EXHIBIT-P6: TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT FOR EXT.P5.

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... ....................................................... Dated this the 8th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the private respondents.

By this Writ Petition, petitioners are seeking a direction to the first respondent to provide adequate protection to the machineries and vehicles engaged in the ordinary earth extraction site of the petitioners, against respondents and 3. This Court passed an interim order order dated 12 th November 2014. The learned counsel for the petitioners submit that permission was only till 23-11-2014 and, thereafter, they have

discontinued the operations.

3. Learned Counsel appearing for the private respondents submit that even after the expiry of the permit, the petitioners have proceeded to carry out the quarrying work. Now, in view of the expiry of the period, the Writ Petition has virtually become infructuous. In so far as the allegation that even after expiry of the period, operations were carried out, it is for the authorities to look into the matter and take appropriate action, if required.

With this observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge